In Don’t Look Media LLC v. Fly Victor Ltd., 999 F.3d 1284 (11th Cir. June 4, 2021), the Eleventh Circuit affirmed the dismissal of RICO and state-law claims against an English company and its directors and officers for lack of personal jurisdiction and in light of the forum selection clause included in the parties’ contract….
Category: Jurisdiction
Class Claims for Declaratory and Supplemental Relief Remanded to State Court
In Mack v. USAA Casualty Insurance Co., 2021 WL 1572709 (11th Cir. Apr. 22, 2021), the Eleventh Circuit dismissed for lack of an Article III “case or controversy” a putative class action in which the plaintiff sought a declaration that his insurer’s adjustment of total loss claims violates Florida law and money damages as corresponding…
Increased Risk of Identity Theft Cannot Establish Article III Standing in Data Breach Cases
The Eleventh Circuit has now taken a stand on whether a substantial risk of identity theft, fraud, and other future harm constitutes Article III standing in data breach cases. Tsao v. Captiva MVP Rest. Partners, LLC, 2021 WL 381948 (11th Cir. Feb. 4, 2021). In an opinion authored by Senior Judge Tjoflat, the Eleventh Circuit…
Eleventh Circuit Decision Highlights Difficulty of Invoking Federal-Question Jurisdiction Over Claim for Declaratory Relief
The United States Constitution created federal courts of limited subject-matter jurisdiction. Thus, a party filing suit in federal court must assert a claim arising under federal law or demonstrate that the litigants are citizens of different states. Generally, a claim brought pursuant to the federal Declaratory Judgment Act is alone insufficient to invoke federal-question jurisdiction….
Third-Party Counterclaim Defendants’ Removal Bid Foiled
“Perhaps some might think removal is not the most riveting topic,” begins Judge Robin Rosenbaum’s opinion for the court in Bowling v. U.S. Bank National Association, 2020 WL 3424928 (11th Cir. June 23, 2020). (Not so with our readers, most of whom relish a good removal.) The removal issue in Bowling stemmed from the Supreme…
Eleventh Circuit Upholds Forum-Selection Clause
In DeRoy v. Carnival Corp., 2020 WL 3525536 (11th Cir. June 30, 2020), the Eleventh Circuit upheld a forum-selection clause requiring litigation of claims in federal court. Plaintiff-Appellee Carmela DeRoy sued Defendant-Appellant Carnival Corporation after she injured her foot on a rug while onboard the Carnival Valor. The contract DeRoy entered into when she booked…
Eleventh Circuit Reverses Forum Non Conveniens Dismissal
In Otto Candies, LLC v. Citigroup, Inc., 2020 WL 3550680 (11th Cir. July 1, 2020), the Eleventh Circuit reversed the forum non conveniens dismissal of a complaint brought by two U.S. plaintiffs, and 37 foreign plaintiffs, against U.S.-based Citigroup. The plaintiffs, asserting RICO, fraud, and other state-law claims, alleged that they had contracted with or…
Eleventh Circuit Will Not Rehear City’s Fair Housing Act Claim
The Eleventh Circuit has denied a petition to rehear en banc City of Miami Gardens v. Wells Fargo & Co., 931 F.3d 1274 (11th Cir. 2019), which dismissed for lack of standing Fair Housing Act claims brought against Wells Fargo by the City of Miami Gardens. City of Miami Gardens v. Wells Fargo & Co.,…
Undescribed “Beneficial Interest” in Property Insufficient to Confer Article III Standing to Contest Foreclosure
In Thakkar v. Bay Point Capital Partners, LP (In re Bay Circle Properties, LLC), 2020 WL 1696303 (11th Cir. Apr. 8, 2020), the Eleventh Circuit dismissed an appeal because the only appellant remaining after a settlement lacked Article III standing (and in any event failed to meet the “person aggrieved doctrine” standard for appealing a…
Foundry Employees’ Action is a “Mass Action” Subject to Removal Under the Class Action Fairness Act
The Eleventh Circuit has clarified the scope of the “local event exception” to the federal-court jurisdiction over “mass actions” conferred by the Class Action Fairness Act (“CAFA”), holding that claims by former foundry employees against manufacturers and distributors of products used at the foundry are not within the exception. Spencer v. Specialty Foundry Prods. Inc.,…